[R.O. 1997 § 505.010; Ord. No. 176 § 1, 11-13-1995]
Whenever the public necessity, convenience
and general welfare require, the City Council may, subject to the
procedure provided in this Section, vacate all or any part of any
public easement, right-of-way, street, alley, public road or highway
dedicated or conveyed to the City, or title to which or authority
over which was vested in the City by operation of law. A vacation
may be initiated by a resolution of intent by the City Council, by
the verified petition of an interested party, or by recommendation
of the Department of Public Works or Department of Planning.
[R.O. 1997 § 505.020; Ord. No. 176 § 2, 11-13-1995]
For the purpose of this Section,
an "interested party" includes any owner of property abutting or touching
on the proposed vacation and any owner of property that would be denied
reasonable access to the general system of public roads and streets
by the proposed vacation of a street, alley, public road or highway.
"Owner" shall include the owner or owners of record indicated upon
the records of the St. Louis County Assessor's office on the date
of the filing of the petition for vacation with the City Clerk.
[R.O. 1997 § 505.030; Ord. No. 176 § 3, 11-13-1995]
A petition for vacation shall be
on forms approved by the City Attorney and shall be addressed to the
City Council and filed, together with a filing fee of two hundred
dollars ($200.00), with the City Clerk. Each petition shall include
an accurate description of the public easement, right-of-way, street,
alley, public road or highway sought to be vacated, its location and
the names of all interested parties.
[R.O. 1997 § 505.040; Ord. No. 176 § 4, 11-13-1995]
Notice of the proposed vacation shall be given to all interested parties at least thirty (30) days before the City Council shall act upon the petition or resolution. Notice shall be in accord with Missouri Rules of Civil Procedure 54.12 and 54.13, or as petitions or subpoenas are otherwise permitted to be served. An interested party may in writing waive notice or affirmatively consent to the proposed vacation. Proof of proper notice, waiver of notice, or consent shall be filed with the City Clerk before the Council shall act upon the proposed vacation. Interested parties not knowledgeable after reasonable inquiry may be considered to have been given notice by the public notice of Section 505.050, if the Council finds the same to be the best practicable notice under the circumstances.
[R.O. 1997 § 505.050; Ord. No. 176 § 5, 11-13-1995]
At least thirty (30) days before the City Council shall act upon the proposed vacation, the Administrative Director shall give notice of pendency in a public newspaper in the same manner as set forth in Section 415.560(D)(1) of the Zoning Code.
[R.O. 1997 § 505.060; Ord. No. 176 § 6, 11-13-1995]
Before the City Council shall act
upon the proposed vacation, comments of each concerned utility, each
cable company holding a franchise in the City, and any other person
holding an interest in the subject of the petition, as to whether
each objects to or approves of the proposed vacation shall be filed
with the City Clerk.
[R.O. 1997 § 505.070; Ord. No. 176 § 7, 11-13-1995]
After receiving reports on the proposed
vacation from the Department of Planning, the Department of Public
Works, and the City Attorney, the Council may by ordinance vacate
the concerned public easement, right-of-way, street, alley, public
road or highway with such conditions and restrictions as it may deem
for the public good.
